Amputation Claims – Loss of Limb Compensation

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The loss of a limb can be a traumatic and life-altering experience for the injured individual and their loved ones.

When you lose a limb, it can result in emotional and physical challenges, such as being unable to work, having to stop participating in sports or activities, needing home modifications, and decreased enjoyment in everyday tasks.

If you lost a limb as a result of someone else’s negligence, you may be able to make an amputation compensation claim.

An amputation solicitor from our team at Beacon Law can assist you in getting the compensation you’re entitled to and help you begin the process of moving forward after a limb amputation injury.

Accidents which cause amputation injuries

There are many different types of accidents which result in serious injuries, such as amputations. Our amputation solicitors have dealt with a wide range of claims arising from accidents, such as:

  • Medical Negligence – Some surgical amputations have been required as a result of mistakes made by medical staff whilst carrying out treatment or due to surgical errors. Medical staff have a duty to ensure you receive a certain level of care. Our medical negligence solicitors can assist those who have lost a limb due to inadequate medical care.
  • Road Traffic Accidents – Road traffic accidents are one of the most common causes of serious injuries, such as those which require the amputation of a limb.
  • Accidents at Work – Many types of accidents at work may cause serious injuries and the need for the amputation of a limb. These types of accidents may be caused by defective equipment, unsafe machinery, lack of training, lack of PPE, falling objects, and unsafe practices in the workplace.
  • Accidents in Public Places – Slips, trips, falls, and other accidents in public places or occupied buildings may lead to injuries which require the amputation of a limb.

If you have been involved in an accident which has led to you or a loved one suffering an amputation, you may be entitled to make an amputation compensation claim.

Making an amputation compensation claim

Making a claim for an amputation injury can seem overwhelming, especially if you are unfamiliar with the processes involved. To start your claim, reach out to Beacon Law using the provided contact information or fill out the form for a call back from an expert solicitor. They will provide specialist legal advice, guide you through the process and answer any questions you may have.

Then, on matters where we can act on your behalf, we will contact the defendant. Our communication to the defendant will consist of a notification of the claim and a request for their stance on liability alongside any evidence we may have at the time.

Whilst we await the defendant’s response, we will collect more evidence. Further to the information which you have already provided us, we can note more details regarding the claim and begin to build a case. At this point, we can contact witnesses for statements to support your claim.

Once the defendant responds, we will assess their position on liability. In ideal situations, a defendant will accept our position on liability and propose a settlement. From this point, we can negotiate a settlement figure.

Sometimes, the defendant will deny liability, and we will be required to continue communications. If it gets to a time when we believe that the case is not proceeding efficiently as a result of the defendant’s offers or behaviour, we can issue the claim. This means that we will start working towards a hearing in court. However, a hearing is not guaranteed, and it is likely that the claim could settle before we reach the hearing itself. In some circumstances, the case may proceed to a court hearing.

If our clients have any questions regarding the loss of limb claim process, we are always more than happy to provide them with any further information which they may require.

For more details on the claims process for a personal injury claim, please see our page on this specifically.

How much compensation could you receive from an amputation claim?

The amount of compensation you receive for your amputation injury will vary depending on a number of factors. When valuing your injury, we will take into consideration the limb which was affected, whether the amputation was a full or partial amputation and the physical and emotional impact which the amputation had on your life, for example, whether the injury caused you to have to change jobs or stop participating in any type of sports or activities.

As amputation injuries often have long-term impacts on the life of an injured party, the compensation awarded can be particularly high. The compensation from an amputation claim can be used for prosthetic limbs and adaptations to your home.

We will base the valuation of your general damages on recent case law, as well as guidelines set out by the Judicial College.

You will also be able to make a claim for special damages, which include additional financial losses sustained as a result of your injuries. These can include:

  • Loss of earnings if you required time off due to the accident or if you have been required to change or leave your employment as a result.
  • Travel costs – for travel to and from medical appointments.
  • Parking costs at medical appointments.
  • Care and Assistance compensation for any paid or additional unpaid care required as a result of the accident; this can include care provided by a family member.
  • Medical treatment costs.
  • Costs of making any required adjustments to your home as the result of your injuries.

You should ensure that you keep all receipts and invoices for your additional losses, as these will be required to prove your losses.

Time limits for making amputation claims

Before starting your amputation claim for compensation, it is important to note that there are strict time limits on personal injury claims.

From the date of the accident that caused the amputation injuries, the injured party will have 3 years in which to commence proceedings for claiming compensation.

It must be noted, however, that there are some exceptions to this rule:

For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21st birthday to make their amputation compensation claim.

In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.

Another exception to the 3 year time limit occurs when the claimant who has suffered an amputation injury does not have the mental capacity to begin their compensation claim.

Rather than being limited to making a claim within 3 years from the date of the incident, the claimant is entitled to begin their compensation claim at any moment in time once they regain the mental capacity to do so.

No win, no fee amputation claims

At Beacon Law, our specialist amputation solicitors offer our services on a no-win, no fee basis. This type of funding means that, in most circumstances, you will not be required to pay anything if your claim is unsuccessful. In some cases, interim payments can be obtained during the case to assist with legal fees.

If your claim is successful, we will deduct a percentage of your compensation to cover our fee, and a small amount will also be deducted to cover the cost of an After the Event Insurance Policy. To find out more about our fees, have a look at the funding section on our website.

Why choose Beacon Law?

Beacon Law are a law firm of specialist personal injury solicitors. We have helped many of our clients obtain the compensation they deserve for their injuries sustained as the result of an accident at work, road traffic accidents, accidents in public places, and accidents whilst receiving medical treatment.

We have years of experience in assisting those who have experienced all types of amputation injuries. We deal with personal injury claims on a daily basis and have vast experience in injury-related cases.

Claiming loss of limb compensation can be a difficult task to carry out alone. Therefore, it is essential that you have expert amputation solicitors to guide you throughout the claims process.

You can request an initial consultation by completing the online help form, and an experienced amputation solicitor will contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.

Beacon Law are authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding options, have a look at the funding section on our website.

Make a Claim

Contact us today to find out if you have a claim.

Use our Contact Forms or Call 0330 1332 857

Contact Us

 

General Enquiries:

0161 428 1234

New Claims:

0330 1332 857

Fax: 

0161 239 1072

Address

Beacon Law

1st Floor

Shirley House

12 Gatley Road

Cheadle

Cheshire

SK8 1PY

Last Updated on March 7, 2024 by Stacey